J-S17033-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
WESLEY DANIEL SMITH
Appellant No. 1447 WDA 2014
Appeal from the Order Entered August 8, 2014
In the Court of Common Pleas of Clearfield County
Criminal Division at No(s): CP-17-CR-0000406-2010
BEFORE: GANTMAN, P.J., SHOGAN, J., and FITZGERALD, J.*
JUDGMENT ORDER BY GANTMAN, P.J.: FILED MARCH 16, 2015
Appellant, Wesley Daniel Smith, appeals from the order entered in the
Clearfield County Court of Common Pleas, dismissing his first petition filed
under the Post Conviction Relief Act (“PCRA”), at 42 Pa.C.S.A. §§ 9541-
9546. We affirm.
Appellant pled guilty to accidents involving death or personal injury
and related summary traffic offenses. On November 23, 2010, the court
sentenced Appellant to ninety (90) days to two (2) years less one (1) day
imprisonment, followed by a consecutive term of two (2) years’ probation.
The court denied Appellant’s request to delay reporting to prison and
ordered the sentence to take effect immediately. Appellant did not file post-
sentence motions or a notice of appeal.
___________________________
*Former Justice specially assigned to the Superior Court.
J-S17033-15
On November 21, 2011, Appellant timely filed a counseled PCRA
petition. In it, Appellant argued that he wanted a jury trial, and plea counsel
was ineffective for failing to move to withdraw the guilty plea. The court
conducted an evidentiary hearing on July 3, 2014. On August 8, 2014, the
court denied PCRA relief. Appellant timely filed a notice of appeal on
September 3, 2014. The court did not order Appellant to file a concise
statement of errors complained of on appeal, pursuant to Pa.R.A.P. 1925(b),
and Appellant did not file one.
To be eligible for PCRA relief, a petitioner must be “currently serving a
sentence of imprisonment, probation or parole for the crime[.]” 42
Pa.C.S.A. § 9543(a)(1)(i). A petitioner becomes ineligible for relief as soon
as he completes the sentence, regardless of whether he was still serving the
sentence when he filed the PCRA petition. Commonwealth v. Williams,
977 A.2d 1174, 1176 (Pa.Super. 2009), appeal denied, 605 Pa. 700, 990
A.2d 730 (2010). Instantly, absent evidence to the contrary, Appellant
completed serving the sentence for his underlying crimes in November 2014,
while the appeal was pending. Pursuant to Section 9543(a)(1)(i), Appellant
is now ineligible for relief under the PCRA. Accordingly, we affirm.
Order affirmed.
-2-
J-S17033-15
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 3/16/2015
-3-
Com. v. Smith, W.
Combined Opinion